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Ahmad Irzal Fardiansyah
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B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
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Ius Poenale
Published by Universitas Lampung
ISSN : 27232638     EISSN : 27459314     DOI : https://doi.org/10.25041/ip
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Ius Poenale is an international journal based in Lampung, Indonesia that is issued by the Faculty of Law-Universitas Lampung and aims to yield access to research to motivate studies and knowledge evolution. Ius Poenale is a medium of communication and the development of criminal law that covers on the criminal justice system, legal comparison, juvenile justice system, and fisheries court. To discuss these matters, the Ius Poenale journal provides research or conceptual studies on criminal law that specifically highlights criminology, victimology, and military court. Ius Poenale publishes two issues in a year, these issues are available both print and online. Ius Poenale provides articles in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 65 Documents
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The Implementation of Legal Protection Against Economic Exploitation of Street Children in Yogyakarta City Fauzy, Rendi Rizaldi; Isnawan, Fuadi
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3381

Abstract

This research investigated the initiatives undertaken by the Yogyakarta City government to legally protect street children from economic exploitation. It focused on the roles of key institutions such as the Department of Social Affairs, Labors, and Transmigration in the city of Yogyakarta along with the local Children Protection Commissioner. The research explored the challenges these bodies faced in executing their duties. Utilizing empirical methods, interviews were conducted with relevant stakeholders including the head of the rehabilitation section of the Department of Social Affairs, the chairperson of the Indonesian Children Protection Commissioner in the district of Yogyakarta, and their team members. The findings revealed that despite numerous programs and regulations implemented by the Yogyakarta city government to protect the rights of street children, economic exploitation persisted primarily due to poverty. This research highlighted the gap between policy implementation and its effectiveness, suggesting a need for a review of existing measures and potentially the development of new strategies to address the economic exploitation of street children in Yogyakarta.
Plea Bargaining Sebagai Pembaharuan Hukum Acara Pidana Berdasarkan Rancangan Undang-Undang KUHAP (RUU KUHAP) Husin, Nabilla Callosa; Husin , Naylla Shabilla Callistha
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3486

Abstract

The criminal justice process in Indonesia is characterized by lengthy proceedings, significant costs, and a growing prison population, highlighting the need for new policies to address these challenges. The adoption of the plea-bargaining concept, prevalent in common law jurisdictions, offers a potential solution for the Indonesian criminal justice system. Article 199 of the Draft Law on Criminal Procedure introduces a similar concept, allowing defendants who admit guilt to crimes punishable by no more than seven years in prison to have their cases transferred to a shorter trial process. This normative juridical research employed both statutory and conceptual analyses to evaluate the relevance of plea bargaining in the Indonesian context. It aims to assess whether the plea bargaining provisions in Article 199 of the Draft Criminal Procedure Code align with the principles of simplicity, speed, and cost-effectiveness, and whether they conform to Pancasila, the foundational ideology of Indonesia.
Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code Nainggolan, Pandi Frenecius; Ikhsan , Rd Muhammad; Albariansyah, Hamonangan; Sinaga, Jimmy Christiansen
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3552

Abstract

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and the opinions of religious leaders. Utilizing normative research methods complemented by field data from interviews with religious leaders, the study reveals that Article 156a of the Criminal Code lacks a precise definition of blasphemy, leading to broad and varied interpretations. The subjectivity of determining blasphemy is evident, as it often depends on the identity of the offended party. Additionally, resolving blasphemy cases, such as those involving deviant sects, necessitates theological dialogue rather than immediate recourse to punitive measures. The article notes that judicial decisions in blasphemy cases frequently rely on the testimony of religious experts, sometimes without sufficient consideration of the expert’s qualifications or the quality of their explanation of blasphemy.
SentraGakkumdu Challenges in Enforcing Election Crimes Under Law Number 7 of 2017: A Comparative Research of Indonesia and Nigeria Angela, Deni
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3577

Abstract

General elections in Indonesia are designed to ensure equality and justice for all voters and candidates, regardless of party affiliation. Despite these principles, election violations do occur, including criminal acts, breaches of ethical standards by election organizers, and administrative violations related to election procedures. To protect the integrity of elections, which is crucial for democracy, lawmakers have classified certain electoral frauds as criminal offenses. The Election Law not only outlines the procedures for conducting elections but also prohibits actions that undermine the fairness of the process and imposes penalties on offenders. The type of research in this study is normative legal research, which is a research method that focuses on written legal norms. accompanied by a comparative study of the country of Nigeria The results showed that the small number of reports of election crimes that continued to the level of investigation, prosecution, and examination in court until the issuance of a permanent legal force decision (inkracht van gewisjde) showed that the handling of election crimes in the elections had not been effective. The same is true for Nigeria through INEC. Although INEC has the authority to initiate cases of electoral offenses, it rarely does so due to a lack of supervisory capacity due to understaffing and the inability or unwillingness of the police to collect evidence and conduct investigations.
Abuse of Authority by Village Head in Cases of Sexual Violence against Women Rizky, M. Affan; Dewi, Erna; Budiyono, Budiyono
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3466

Abstract

The government's efforts to combat sexual violence in society are embodied in the Law on the Elimination of Sexual Violence, reflecting the State's responsibility to protect and improve the psychological well-being of victims, whether they have experienced physical or psychological harm. Protection of women in the workplace is crucial, and ensuring their rights is a legal imperative. The prevalence of sexual violence against women in work environments, often driven by power imbalances, highlights the urgent need for effective legal protection. This research aims to examine the influence of power relations on sexual violence crimes committed by regional officials and to identify optimal legal protections for women who are victims of sexual violence. Employing a normative juridical approach, the research finds that while existing laws are generally adequate for addressing sexual violence, their implementation falls short of expectations. Recommendations include enhancing legal protection to be more victim-centered, as current regulations primarily focus on penalizing perpetrators. There is a need for policies that provide comprehensive protection and justice for female victims of sexual violence.
The Dynamics of 2024 Election Crimes in North Maluku Hasan, Aslan; Rada, Arisa Murni
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.4023

Abstract

This research examines the characteristics of election crimes at each stage of the electoral process in North Maluku and analyzes the handling patterns employed by Sentra Gakkumdu, focusing on data that has been largely overlooked in previous research. Using an empirical legal research method with a conceptual and statutory approach, the research provides a comprehensive assessment of election crime enforcement. The findings reveal that the highest number of reported violations occurred during the plenary recapitulation stage (42 cases), followed by the voting and vote-counting stage (33 cases), the campaign stage (32 cases), and the nomination stage (2 cases). Despite the high number of reports, Sentra Gakkumdu faced significant challenges in case handling. Of the 109 reported cases, only 7 reached a court decision, while the majority were halted at the discussion, investigation, or administrative correction stages. These findings highlight the low success rate in prosecuting election crimes and underscore the need for improved coordination and enforcement mechanisms within Sentra Gakkumdu. This research contributes to the development of election law and provides valuable insights for strengthening the effectiveness of election crime enforcement.
Discourse on Conditional Death Penalty through Probationary Period of Imprisonment Under the New Criminal Code in Perspective of Restorative Justice Ariawan, Dwi
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3587

Abstract

One of materials in New Criminal Cod states that the mandatory 10-year probation period for death row inmates in the latest Criminal Code (KUHP) is a solution taken to mediate between the ideas of the pros and cons of the death penalty The rules on the death penalty are regulated in Article 100 of the new Criminal Code. The article states that judges can impose death penalty with probation for 10 years by taking into account two things. After serving a 10-year probation period, death row inmates will be given an assessment. This becomes the basis for a recommendation whether the convicted person's sentence will remain or be changed to life imprisonment. if the death row convict is considered to be behaving well and changing, then the President will issue a Presidential Decree (Keppres) to change the convict's sentence to life imprisonment. The doctrinal approach is carried out by conducting a study of the principles, regulations and applicable laws and regulations relating to the legal issues to be discussed. Data collection used in this research includes this writing is done in 2 (two) ways, namely primary data and secondary data. The study's findings suggest that this provision could result in corruption from the convicted party to the head of the correctional facility, the Supreme Court, which makes recommendations to the President and the Attorney General's Office regarding the application of the death penalty. In addition, it presents a chance for diplomatic relations between other nations and Indonesia, as its citizens face the possibility of having their sentences reduced to life in prison, and other nations undoubtedly want their citizens to be free from the fear of such punishment.
Depenalisasi Tenaga Medis yang Berpraktik Tanpa Surat Izin Izin Praktik Setelah Pemberlakuan UU Kesehatan Tahun 2023 Manuaba, Ida Ayu Lidya Nareswari; Potabuga, Siska Dewi Indriani; Lamawatu, Nuril F.
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3599

Abstract

The background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of 2023 concerning Health, where the regulation on criminal sanctions for doctors practicing without an SIP was found in Law Number 29 of 2004 concerning Medical Practice. However, after the enactment of Law Number 17 of 2023 concerning Health, the regulation on criminal sanctions has been removed, leaving only administrative sanctions in effect. This research aims to explore the concept of depenalization for medical personnel practicing without a valid practice license after the enactment of Law Number 17 of 2023 concerning Health. The type of research used in this study was normative research, employing both a statutory approach and a conceptual approach. The findings of the study indicate that if the actions of the doctor can be proven in a factual judgment (judex facti), the concept of depenalization with the imposition of criminal sanctions should be considered, while setting aside the principle of economic deterrence.
The Principle Of Lex Specialis Derogat Legi Generalis In The Crime Of Diploma Forgery Lindasari, Lindasari
Ius Poenale Vol. 6 No. 1 (2025): Issue In progress (January 2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.3638

Abstract

The issue addressed in this research is the enforcement of punishment for perpetrators of diploma forgery, which is not explicitly regulated in the Criminal Code but is implicitly and specifically addressed in Law No. 20 of 2003 concerning the National Education System. The aim of this research is to analyze the provisions related to the punishment of diploma forgery perpetrators and to understand the relevant criminal provisions in both the Criminal Code and Law No. 20 of 2003. The research employs a normative juridical method with a descriptive approach, utilizing both primary and secondary data sources. The findings indicate that, in Decision Number 43/Pid.B/2021/PN Liw, the public prosecutor applied the second alternative charge, namely Article 69, paragraph (1) of Law No. 20 of 2003 concerning the National Education System.
Enhancing Law Enforcement Effectiveness in Addressing Land Mafia Practices to Safeguard Community Land Rights Ginting, Mamanda Syahputra; Dewi, Erna; Amin, Muhammad; Tamza, Fristia Berdian; Ahmad, Thearizky
Ius Poenale Vol. 6 No. 1 (2025): Issue In progress (January 2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i1.3652

Abstract

This research examines the pervasive issue of land mafia practices in Indonesia, which pose significant threats to land rights and contribute to broader economic, social, and legal challenges. Employing a normative legal research methodology, the research evaluates the implementation of preventive and law enforcement measures, with particular focus on Ministerial Regulation No. 15 of 2024, which establishes a legal framework for addressing land disputes. The research underscores the One Map Policy as a crucial initiative for enhancing transparency and integrating land-related data to mitigate fraudulent activities. By assessing the effectiveness of existing policies and identifying key challenges, this research offers recommendations to strengthen law enforcement, inter-agency coordination, and public participation. The findings emphasize that a comprehensive, multi-stakeholder approach is imperative for eradicating land mafia practices, ensuring legal certainty, and safeguarding community land rights.

Page 6 of 7 | Total Record : 65

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